Can see digger tracks up driveway so been up there in a digger or some sort of tracked vehicle.

christin - 2020-11-25 14:41:00

How far do the neighbours have to push you before you do something? We had an issue like this, a neighbour, who actually had no access to our right of way, despite what he assumed, put notes in our mailboxes saying he was going to block the road for 2 days to cross another persons property to access his. He was furious when he was told he couldnt and then wanted to know how much money we were expecting him to pay us, and called us all greedy and money hungry. It wasnt about money, just his total lack of consideration, and the fact he wasnt even polite enough to just ask.

articferrit - 2020-11-25 15:40:00

articferrit wrote:

How far do the neighbours have to push you before you do something? We had an issue like this, a neighbour, who actually had no access to our right of way, despite what he assumed, put notes in our mailboxes saying he was going to block the road for 2 days to cross another persons property to access his. He was furious when he was told he couldnt and then wanted to know how much money we were expecting him to pay us, and called us all greedy and money hungry. It wasnt about money, just his total lack of consideration, and the fact he wasnt even polite enough to just ask.

I’ve emailed him saying we don’t want heavy machinery down the driveway and that it is our driveway and partly our fence so would have been nice to be asked. Also mentioned that visitors today haven’t been able to use the driveway due to the fence. Is sticking into part of it (blown there) and that I have moved it back.

I usually leave at 5.30am for work. I am home today which is lucky as I prob wouldn’t have see. It sticking out in the dark so he would have had to pay for car damage if it had

I’ve asked him to refrain from using our driveway due to damage and the fact we have water pipes under there etc. I haven’t been able to check re easeme de but doubt He has one but even if he does he still can’t damage it; and should let us know if he’s blocking it.

Neighbours not impressed with him !

christin - 2020-11-25 15:45:00

christin wrote:

I’ve emailed him saying we don’t want heavy machinery down the driveway and that it is our driveway and partly our fence so would have been nice to be asked. Also mentioned that visitors today haven’t been able to use the driveway due to the fence. Is sticking into part of it (blown there) and that I have moved it back.

I usually leave at 5.30am for work. I am home today which is lucky as I prob wouldn’t have see. It sticking out in the dark so he would have had to pay for car damage if it had

I’ve asked him to refrain from using our driveway due to damage and the fact we have water pipes under there etc. I haven’t been able to check re easeme de but doubt He has one but even if he does he still can’t damage it; and should let us know if he’s blocking it.

Neighbours not impressed with him !

I'd be telling him to f@&k off, and give him a trespass notice for his troubles.
And get the constabulary involved if the neighbour used your driveway again.
Cheeky pricks!!!!

Edited by mrcat1 at 5:55 pm, Wed 25 Nov

mrcat1 - 2020-11-25 17:54:00

mrcat1 wrote:

I'd be telling him to f@&k off, and give him a trespass notice for his troubles.
And get the constabulary involved if the neighbour used your driveway again.
Cheeky pricks!!!!

quite agree

kiwicarol - 2020-11-25 18:55:00

Well,apparently he has right to access it, god knows why. Ans nothing that my lawyer pointed out to me, or my neighbour when either of us purchased,

Either way he should of told us. He did apologise and said they did some testing ans access proved difficult last minute etc,

Will be double checking he does have access tho, can’t see why he needs it,

christin - 2020-11-25 19:25:00

christin wrote:

Well,apparentl-
y he has right to access it, god knows why. Ans nothing that my lawyer pointed out to me, or my neighbour when either of us purchased,

Either way he should of told us. He did apologise and said they did some testing ans access proved difficult last minute etc,

Will be double checking he does have access tho, can’t see why he needs it,

Are both you and your neighbours properties behind his property?

heather902 - 2020-11-25 19:28:00

So if he has access to the rear of his section through your driveway, is this the access he will use for the new units being built?

blue35 - 2020-11-25 19:29:00

you can go on the internet and look up your property files at your council, this will show maps of all easements etc. they will have no easement up your drive for access-although the council may have one for drainage pipes etc. UNLESS its crossleased but it doesnt appear to be

clangie - 2020-11-25 19:33:00

christin wrote:

Well,apparentl-
y he has right to access it, god knows why. Ans nothing that my lawyer pointed out to me, or my neighbour when either of us purchased,

Either way he should of told us. He did apologise and said they did some testing ans access proved difficult last minute etc,

Will be double checking he does have access tho, can’t see why he needs it,

if you were to post some identifying info such as the legal description some of us might be able to check what’s in the title. Obvs your call if you don’t want to - but you’d probably want to see your lawyer anyway.

sparkychap - 2020-11-25 19:49:00

what is the address and which city council are you in?

clangie - 2020-11-25 20:02:00

heather902 wrote:

Are both you and your neighbours properties behind his property?

Yes but driveway runs down side of his and never been part of his. My section used to be his and was dividdd odd in 60s and no idea why he’d have access or part of our driveway as he had his own. And none of ours is needdd to access his

christin - 2020-11-25 20:05:00

blue35 wrote:

So if he has access to the rear of his section through your driveway, is this the access he will use for the new units being built?

Hope not. Depends on the number of units you can have only so many with a single driveway and already two using it.

christin - 2020-11-25 20:10:00

He seemed to think driveway his too so seemed odd.

Isn’t that something lawyers should point out when you buy?

christin - 2020-11-25 20:14:00

christin wrote:

He seemed to think driveway his too so seemed odd.

Isn’t that something lawyers should point out when you buy?

And he could be pulling your leg!

Ask for evidence of this "right", before he uses it again.
Yes your lawyer should have been able to point that out at purchase of your property.
Some how doubt there is a right for your neighbour.

smallwoods - 2020-11-25 20:43:00

smallwoods wrote:

And he could be pulling your leg!

Ask for evidence of this "right", before he uses it again.
Yes your lawyer should have been able to point that out at purchase of your property.
Some how doubt there is a right for your neighbour.

I will be checking it out but he sounds legit. Neighbours lawyer didn’t point it out either,

If it is half hism pity can’t backdate any maintenance we have done on it!

christin - 2020-11-25 20:47:00

christin wrote:

I will be checking it out but he sounds legit. Neighbours lawyer didn’t point it out either,
..

Wow you sound very trusting.
My money would be more on he's bluffing you, than both your and your neighbours lawyers didn't notice or discuss an easement. Not impossible but odds are on the 'Developer' taking the Mickey.
And by being so compliant he's learning he can get away with lots of stuff ;)

desi1969 - 2020-11-25 21:55:00

desi1969 wrote:

Wow you sound very trusting.
My money would be more on he's bluffing you, than both your and your neighbours lawyers didn't notice or discuss an easement. Not impossible but odds are on the 'Developer' taking the Mickey.
And by being so compliant he's learning he can get away with lots of stuff ;)

Not that trusting, I am going to check.

He has done everything up to now correctly so suspect he is now but as I said I am going to check.

I had a quick look at council boundaries online and he may be right, just wish one of the lawyers had told us! If it’s true will find out what he can and what he can’t do,

christin - 2020-11-25 22:17:00

The easements and boundaries are shown on your title documents.
It should be quite clear who owns what, who has the right of way, and the right to lay services.
Watch out for trenches being dug up the drive for drains and cables!

masturbidder - 2020-11-25 22:51:00

masturbidder wrote:

The easements and boundaries are shown on your title documents.
It should be quite clear who owns what, who has the right of way, and the right to lay services.
Watch out for trenches being dug up the drive for drains and cables!

I will look.
When I bought 18 years ago, I was a lot younger snd first home so trusted the lawyer. She told me nothing unusual or anything to worry about, had no reason to doubt at the time. As that’s what I paid her to do.

christin - 2020-11-25 23:10:00

christin wrote:

I will look.
When I bought 18 years ago, I was a lot younger snd first home so trusted the lawyer. She told me nothing unusual or anything to worry about, had no reason to doubt at the time. As that’s what I paid her to do.

most people have their taringas painted on and don't listen anyway, you would have been told, but it gets convient to blame anyone but oneself. You are also required to read and thoroughly understand the information given to you.

gabbysnana - 2020-11-26 08:15:00

christin wrote:

Not that trusting, I am going to check.

He has done everything up to now correctly so suspect he is now but as I said I am going to check.

That's a very interesting comment when youve come on here and bleeted that your neighbour used your driveway without consent.
You need to look at the title or get someone who can read easements/ title plans to have a look.
I'm picking the neighbour is taking the piss because he used to own it, thinks that gives him a right.
And I don't buy into this argument that the lawyer should of told you about it, they aren't buying the property and if you don't understand something on the title then keep asking people till you get the information you want/ need.

mrcat1 - 2020-11-26 08:39:00

mrcat1 wrote:

I'm picking the neighbour is taking the piss because he used to own it, thinks that gives him a right.

I think this is a new owner. It looks like christin had an easement issue notified back in January. That may have been a result of the neighbour in front getting ready to sell or the new neighbour's plans to build. That should have indicated who had access to the drive apart from the cross lease.

pauldw - 2020-11-26 09:54:00

mrcat1 wrote:

That's a very interesting comment when youve come on here and bleeted that your neighbour used your driveway without consent.
You need to look at the title or get someone who can read easements/ title plans to have a look.
I'm picking the neighbour is taking the piss because he used to own it, thinks that gives him a right.
And I don't buy into this argument that the lawyer should of told you about it, they aren't buying the property and if you don't understand something on the title then keep asking people till you get the information you want/ need.

He has never owned this land. “My” land used to be up to the road. He then bought a bit of it. Mine has been around since 1910 and this was about 1960

I’m just surprised the lawyer didn’t mention it when I asked if there was anything to worry about on the plans etc at the time.

christin - 2020-11-26 12:05:00

pauldw wrote:

I think this is a new owner. It looks like christin had an easement issue notified back in January. That may have been a result of the neighbour in front getting ready to sell or the new neighbour's plans to build. That should have indicated who had access to the drive apart from the cross lease.

The only easement thing I was aware of was removal of one from a completely different r section. Not related at all to the one in front. A historic one that should have been removed that wasnt

christin - 2020-11-26 12:08:00

christin wrote:

...
I’m just surprised the lawyer didn’t mention it when I asked if there was anything to worry about on the plans etc at the time.

Wasn't it almost 20 years ago and you were a young FHB?
I would be surprised if there weren't things discussed that you don't recollect.

I say this ESPECIALLY given you were notified about an easement "thing"(your words)/change almost a year ago, where they advised you to seek legal advise (but you decided not to); you seem to also believe they 'could' build 6 story apartments next door, but you 'think' they are only building 3 story. The neighbour/developer has 'told' you he has a legal right and you 'think' he's all above board ... and from what we can tell you've decided the best way to get deal with it all this going on, is to do your own research and ask strangers on a public message board. ???

The point I'm making is you still aren't seeking legal/qualified advice.
What's that saying 'pay peanuts and get monkeys' .... and you aren't even paying peanuts.

desi1969 - 2020-11-26 12:29:00

desi1969 wrote:

Wasn't it almost 20 years ago and you were a young FHB?
I would be surprised if there weren't things discussed that you don't recollect.

I say this ESPECIALLY given you were notified about an easement "thing"(your words)/change almost a year ago, where they advised you to seek legal advise (but you decided not to); you seem to also believe they 'could' build 6 story apartments next door, but you 'think' they are only building 3 story. The neighbour/developer has 'told' you he has a legal right and you 'think' he's all above board ... and from what we can tell you've decided the best way to get deal with it all this going on, is to do your own research and ask strangers on a public message board. ???

The point I'm making is you still aren't seeking legal/qualified advice.
What's that saying 'pay peanuts and get monkeys' .... and you aren't even paying peanuts.

Yes it was about 18 years ago, and yes i know nothing was mentioned about it when i asked. It wasnt a case of not recollecting. I remember the details of buying my one and only house.

im just asking for advice, as people ask me for advice regarding my job. They may be strangers, but perhaps maybe someone here may have had a similar issue so thats why i asked. Nothing wrong with asking people for advise first and if need to go further i will. As i have said i am going to contact the council etc.

I actually asked if you would expect to be asked. and said i was annoyed i wasnt, not gone all guns blazing. He has apologised for not asking regarding access or telling us. He asked for five mins to go in today whcih we agreed to (also not guns blazing or making it awkward for him).

he said he could build six stories, but has told me in email that they will be three. I have talked to a lawyer about this and they have suggested i ask for plans etc which I have done. He is getting this done and wil provide to me next week. Once i have these i am going to discuss with my lawyer.

Edited by christin at 1:35 pm, Thu 26 Nov

christin - 2020-11-26 13:31:00

christin wrote:

... im just asking for advice, as people ask me for advice regarding my job. They may be strangers, but perhaps maybe someone here may have had a similar issue so thats why i asked. Nothing wrong with asking people for advise first and if need to go further i will. As i have said i am going to contact the council etc.

I'm glad you are happy with the way everything is progressing with the major development happening next door, and what you actually wanted to know was if we

christin wrote:

...would expect to be asked.

(For the record I "Yes I would have liked some notification works were commencing and what was happening").

To be honest your threads to me read otherwise, but I also accept that some people like to come on messageboards and ask for advise about all aspects of their lives, and I see this is something you do. Which I realise could read judgemental/condescending, but I assure it's genuinely not meant to be. At various times I have enjoyed 'advise' from other forums and the TMMB can be a great help/support in some situations.

But the point I am trying to make is that there is a huge difference between a thread in parenting or DIY looking for advice/comments about teen eating habits or appliances not working, and a thread in real estate where the value of your $1M+ asset could be gravely affected, and your quality of life dramatically impacted, forever. I believe the later is important enough to seek professional paid advice promptly, not a undertake a DIY research project.

christin wrote:

... I have talked to a lawyer about this and they have suggested i ask for plans etc which I have done. He is getting this done and wil provide to me next week. Once i have these i am going to discuss with my lawyer.

Did you actually consult and pay a lawyer for advise, or did you just raise it in passing with someone/a friend who has an LLB. BIG difference ;)

Will be interesting to see how long the developer takes to get you a copy of his plans - I shall look forward to your update and do wish you luck.

Edited by desi1969 at 2:19 pm, Thu 26 Nov

desi1969 - 2020-11-26 14:14:00

desi1969 wrote:

Did you actually consult and pay a lawyer for advise, or did you just raise it in passing with someone/a friend who has an LLB. BIG difference ;)

Will be interesting to see how long the developer takes to get you a copy of his plans - I shall look forward to your update and do wish you luck.

yes. i have asked a lawyer. It happens to be a friend of 30 years, but that is irrellevent. The fact he owns his own law firm, has been practicing the 30 years i have known him and quite a successfull one, as well as writing books on property matters is enough for me and I trust him. When i get the plans etc I will engage him and pay him. My previous lawyer is no longer practicing.

and if i dont get plans i will be asking for them.

There are many many aspects of my varied life i dont come on here asking for advise. I simply thought there may be more knowledge and experienced here in an real estate forum than amongst friends. Obviously a lawyer is and will be involved where needed. advise is to get some ideas, not legally binding etc.

i also ask in DIY too for advice (as you probably know as id imagine youve searched my previous threads) because im a girl who knows about computers and lots of other stuff but not DIY Previously I would ask my dad but he is no longer with me so i go elsewhere. If its major i will obviously employ an electrican / plumber etc, but sometimes others experience and advice is valuable.

I have in the past answered advice from a forum on here on info in the area i am familiar with. I have stopped but that's for other reasons.

Some people ask advice on here because they dont know people knowledgeable in those areas for general queries. Not a crime, and amazingly enough sometimes helpful. And a prelim on where to go and get further advice etc.

Edited by christin at 2:30 pm, Thu 26 Nov

christin - 2020-11-26 14:28:00

christin wrote:

yes. i have asked a lawyer. It happens to be a friend of 30 years, but that is irrellevent. The fact he owns his own law firm, has been practicing the 30 years i have known him and quite a successfull one, as well as writing books on property matters is enough for me and I trust him. When i get the plans etc I will engage him and pay him. ....

It actually isn't irrelevant, and the fact he has left you researching by yourself, whether or not a developer who is building several, multiple storey units on a neighbouring property does or doesn't have an easement over your driveway, all the while as said developer is accessing your land for weeks to come - is proof enough.

As per the rest of your post about computers and electricians and your Dad ... I think you've totally missed my point.

But again, I wish you all the best.

desi1969 - 2020-11-26 14:46:00

desi1969 wrote:

It actually isn't irrelevant, and the fact he has left you researching by yourself, whether or not a developer who is building several, multiple storey units on a neighbouring property does or doesn't have an easement over your driveway, all the while as said developer is accessing your land for weeks to come - is proof enough.

As per the rest of your post about computers and electricians and your Dad ... I think you've totally missed my point.

But again, I wish you all the best.

I asked him about other stuff not this easement . Prior stuff. The plans were asked for a week ago which is what you mentioned before the digger which was only a day ago.

I’ve already said I will go to council and see lawyer if required about this latest thing.

And I’m just explaining why people ask advice that’s all

christin - 2020-11-26 14:53:00

christin wrote:

When i get the plans etc I will engage him and pay him. My previous lawyer is no longer practicing.

and if i dont get plans i will be asking for them.

I believe that building consents are public records and you should be able to obtain the plans from the council. It probably will cost but you won't be relying on the developer.

pauldw - 2020-11-26 14:58:00

pauldw wrote:

I believe that building consents are public records and you should be able to obtain the plans from the council. It probably will cost but you won't be relying on the developer.

thank you. will visit as soon as i get a chance.

christin - 2020-11-26 15:03:00

christin wrote:

I asked him about other stuff not this easement . Prior stuff. The plans were asked for a week ago which is what you mentioned before the digger which was only a day ago.

I’ve already said I will go to council and see lawyer if required about this latest thing.

And I’m just explaining why people ask advice that’s all

Again you've totally missed my points, so shall leave it there. Water, horse and all that.
Good luck with it all.

desi1969 - 2020-11-26 15:30:00

desi1969 wrote:

Again you've totally missed my points, so shall leave it there. Water, horse and all that.
Good luck with it all.

Sometimes you can add your own

Thanks

christin - 2020-11-26 16:32:00

christin wrote:

Sometimes you can add your own

Thanks

My advice is to carefully consider what desi1969 has written and to genuinely try to get to grips with it.

johnston - 2020-11-26 16:39:00

We are seeking further advice from the council and a lawyer,
Incline plans, easements etc,

christin - 2020-11-26 16:55:00

if they were building 3 storey buildings then they would need resource consent AND permission from the surrounding neighbours BEFORE they could even start earthworks

clangie - 2020-11-26 19:59:00

clangie wrote:

if they were building 3 storey buildings then they would need resource consent AND permission from the surrounding neighbours BEFORE they could even start earthworks

Really?

johnston - 2020-11-26 20:06:00

clangie wrote:

if they were building 3 storey buildings then they would need resource consent AND permission from the surrounding neighbours BEFORE they could even start earthworks

Does that include soil testing and geotech analysis

christin - 2020-11-26 20:18:00

Christin, wishing you well but some how there seems to be a lack of urgency about what you are doing, that astounds me. This is supplementing Desi's advice and I support that.

I am not sure what your job is but if this was happening to me I would have been taking a day's or half a day's annual or unpaid leave to go banging on doors, turning up at public counters, searching plans, dropping all of this off at solicitors, waiting for developers/workers to come on site and then engaging with them. NB most/all conveyancing/property solicitors have instant access to title deeds and can search easements - you just have to engage/pay them to do this. Rest assured they will only charge at the legal executives/clerks rates and not partners rates.

So if you are not able to take leave then the thing I would do is to engage the solicitor/firm to do the searching/info gathering that I would have done ie title, memorials eg easements, obtaining copies of demolition or building plans from Council, copies of the Council 'zonings' (old fashioned word) but the residential building they will allow. Most firms will have someone who has access whether online or by special access to Council staff. Small price to pay for continued quiet enjoyment.

I would also do a company search on the developer (you can do this from home) to see if they are one of those 'develop and fly' ones that have a company for each development so as to limit claims that may arise from the development.

Should the developer not have an easement I think you should also talk about lodging an 'ex parte' injunction to cease work that involves the driveway until it is resolved.

Edited by shanreagh at 8:37 pm, Thu 26 Nov

shanreagh - 2020-11-26 20:30:00

christin wrote:

Does that include soil testing and geotech analysis

If it involved using your access, then 'yes'.

shanreagh - 2020-11-26 20:32:00

christin wrote:

He has never owned this land. “My” land used to be up to the road. He then bought a bit of it. Mine has been around since 1910 and this was about 1960

I’m just surprised the lawyer didn’t mention it when I asked if there was anything to worry about on the plans etc at the time.

So go back and read your post 62, one post is contradicting the other, unless I'm missing something.

mrcat1 - 2020-11-26 20:41:00

pauldw wrote:

I think this is a new owner. It looks like christin had an easement issue notified back in January. That may have been a result of the neighbour in front getting ready to sell or the new neighbour's plans to build. That should have indicated who had access to the drive apart from the cross lease.

Where did you find that information??

mrcat1 - 2020-11-26 20:43:00

mrcat1 wrote:

Where did you find that information??

https://www.trademe.co.nz/Community/MessageBoard/Messages.as
px?id=1827683&topic=21

sparkychap - 2020-11-26 20:47:00

I think my computor is broke .. keeps coming up with horse to water is related to my neighbour is screwing me over but I'm happy with a softly softly approach ..

pf - 2020-11-26 20:50:00

mrcat1 wrote:

So go back and read your post 62, one post is contradicting the other, unless I'm missing something.

Sorry slightly worded ambiguously...,

My section used to be his, as in my section back then used to be what is his now, Not owned by him.

It was split off in 1960s. From mine going right up to road. The driveway when it was all one used to come down the middle of his currrenr, section and the driveway I now have was added after it was split so not sure why he has any part of it.

christin - 2020-11-26 20:57:00

I’m not going to go softly softly, but I’m not going to go out guns blazing until I ascertain what’s what.

I have unfortunately been able to do that so far due to work commitments and prepaid course and exam etc which I was committed to. I am going to discuss properly with neighbour this weekend snd work out a plan. Most likely Involving lawyers / council etc.

I have a day off work next week already so will put that to good use at the time. I couldn’t get more time off this week,

christin - 2020-11-26 21:06:00

christin wrote:

Sorry slightly worded ambiguously...,

My section used to be his, as in my section back then used to be what is his now, Not owned by him.

It was split off in 1960s. From mine going right up to road. The driveway when it was all one used to come down the middle of his currrenr, section and the driveway I now have was added after it was split so not sure why he has any part of it.

If there is no R.O.W. easement mentioned on your title, (can't see why there should be) AND the driveway is on your rate's bill, then they are trespassing on your driveway. Simples!

hazelnut2 - 2020-11-26 21:08:00

sparkychap wrote:

https://www.trademe.co.nz/Community/MessageBoard/Messages.as
px?id=1827683&topic=21

That is a completely different one that went along some properties behind us,

It was an easement which should have been taken off but hadn’t therefore they were writing to us to let us know it was to be removed,

It was for a road that never eventuated going by plans sent to us

christin - 2020-11-26 21:14:00